punjab act 034 of 1953 : Local Authorities Laws (Exercise of Powers) Act, 1953

Local Authorities Laws (Exercise of Powers) Act, 1953

PUNJAB ACT 034 OF 1953
28 October, 1953

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Year

No.

Short title

Whether affected by Legislation

1953

34

The Punjab Local Authorities Laws (Excercise of powers) Act, 1953.

Amended by Punjab Act 18 of 1954.2

Extended to Pepsu Territories by Punjab Act 5 of 1959.3

An Act to provide for the performance of the functions of a Commissioner under certain laws.

It is hereby enacted as follows:

Section 1. Short titled extent and commencement

(1) This Act may be cited as the Punjab Local Authorities Laws (Exercise of Powers) Act, 1953.

(2) It shall extend to the whole of the State of Punjab.

(3) It shall come into force at once.

Section 2. Performance of the functions of the Commissioner by other authority

All the powers, functions, or duties of the Commissioner under the provisions referred to in Schedule 1 and Schedule II of this Act, shall be exercised, performed or discharged, as the case may be, by the State Government and the Deputy Commissioner, respectively; and the enactments referred to therein shall be deemed to have been amended accordingly.

Section 3. Amendment of certain Acts

In relation to the enactments referred to in column 1 of the Schedule III of this Act, the provisions referred to in column 2 thereof shall be deemed to have been amended to the extent and in the manner indicated in column 3 thereof.

Section 4. Delegation

The State Government shall be competent to delegate any power, duty or function devolving upon itself as a result of this Act, to any officer or other authority, to the extent as it may specify by a notification in this behalf.

5[4-A. Delegation of powers of Deputy Commissioner. The State Government, may by general or special order, notified in the official Gazette, authorise any Officer or authority, to exercise, perform, or discharge all or any of the powers, functions or duties of the Deputy Commissioner, under the provisions of this Act or enactments referred to in Schedule I and Schedule II of this Act (other than the Punjab Districts Boards Act, 1883), in such area and subject to such extent or restrictions as it may specify in such order.]

Section 5. Removal of difficulties

If any difficulty arises in giving effect to the provisions of any of the enactments specified in the Schedules of this Act or any rule made thereunder, the State Government shall be competent to issue necessary instructions by means of a general or special order for the purposes of removing the same.

Section 6. Saving of pending proceedings

The provisions of this Act shall not affect the validity of any action taken or anything done by the Commissioner under any of the provisions of the enactments specified in the Schedules of this Act before the commencement of this Act and anything done or any action taken shall be deemed to have been done or taken under the provisions of this Act as if this Act was in force at the time when such thing was done or such action taken.

Section 7. Repeal of Punjab Ordinance No. II of 1953

The Punjab Local Authorities Laws (Exercise of Powers) Ordinance, 1953, is hereby repealed, but notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or action was taken.

SCHEDULE I

(vide section 2 of the Act)

Sections of the Punjab District Boards Act, 1883

Sub-section (2) of section 27, sub-section (2) of section 36, sub-section (5) and (6) of section 39, and sub-section (3) of section 54.

Sections of the Punjab Municipal Act, 1911

Sub-sections (3) of section 38, sub-section (2) of section 50, sub-section (2) of section 52, sections 84, 154-C and 187, section 235 and sub-section (3) of section 239.

Sections of the Punjab Small Toms Act, 1921

Section 4, sub-section (1) of section 9, sub-section (2) of section 17, sections 33, 34, 36 and 37, sub-section (3) of section 38-C, and sub-section (2) of section 48-A.

SCHEDULE II

(Vide section 2 of the Act)

Sections of the Punjab District Boards Act, 1883

Section 13, sub-sections (1) and (2) of section 47, section 48 and sub-section (1) of section 62.

Sections of the Punjab Municipal Act, 1911

Sub-section (8) of section 3, section 24, sub-section (2) of section 32, sections 42 and 48, sub-section (2) of section 54, section 55, sub-sections (6) and (7) of section 62, section 83, sub-section (3) of section 121, section 192, Explanation under sub-section (1-A) of section 193, sub-section (5) of section 229, and sub-sections (1) and (2) of section 234.

Sections of the Punjab Small Towns Act, 1921

Sub-section (2) of section 6-A, clause (m) of section 35, sub-section (2) of section 41, and section 42.

The Punjab Municipal (Executive Officer Act, 1931). Entry 12 in Schedule II.

SCHEDULE III

(Vide section 3 of the Act)

Title of the Act

Section

How amended

The Punjab District Boards Act, 1883 (Act XX of 1883)

20-A

For the words section Punjab Village Pancha 1921 the words the Pur Panchayat Act, 1952 shall be substituted

37(2)(c)

The words the Commissioner and subject to the control of shall be omitted.

38

The words the Commissioner or Commissioners of the Division or Divisions or when the districts are in different divisions and the Commissioners cannot agree shall be omitted.

39(5)

For the words Commissioner of the Division the words State Government and for the word he wherever it occurs, after the word concurs in the objection the word it shall be substituted.

39(7)

Shall be omitted.

41(2)

For the words and Commissioner the words and the State Government shall be substituted and the words or when the Deputy Commissioner is a member of the District Board the Commissioner shall be omitted.

44(1)

The words Commissioner of the Division or the the words division or and the word respectively shall be omitted.

44(2)

Shall be omitted

45

The words Commissioner of the Division or the the words division or and the word respectively shall be omitted.

48

The words with the powers of a Deputy Commissioner shall be omitted

49

For the words when the Commissioner makes any order under section 45 or section 47 he shall forthwith forward to the State Government and when the Deputy Commissioner makes any order under section 45 or section 19-B or an officer empowered under section 48, makes any order under section 19-B or section 47, he shall forthwith forward to the Commissioner , the words when the Deputy Commissioner makes any order under sections 19-B, 44, 45 or 47, he shall forthwith forward to the State Government or when an officer empowered under section 48 makes any order under sections 19-B, 44 or 47, he shall forthwith forward to the Deputy Commissioner shall be substituted

50(1)

The words Commissioners and shall be omitted

50(3)

The words Commissioners of the Division and the shall be omitted, and for the word their the word his and for the word them the word him shall be respectively substituted.

54(1)(b)

Shall be omitted

54(1)(c)

For the word divisions the word districts shall be substituted and the words and the Commissioners of those Divisions cannot agree shall be omitted

55(1)(d)

The words Commissioners and shall be omitted.

55-A

For the words Commissioners appointed to hold an inquiry into an election by the provisions of Part II of the Indian Election offences and Inquiries Act, 1920 the words an Election Tribunal appointed to hold an inquiry into an election under the provisions of the Representation of the People Act, 1951 shall be substituted

64(1)

The words Commissioners and and the words and Commissioners shall have and exercise over Deputy Commissioners shall be omitted

The Punjab Municipal Act, 1911 (Punjab Act III of 1911)

3(4)

16(2)

Shall be omitted

After the words State Government the words or the Deputy Commissioner shall be inserted

20(1)

The words in the case of a first class committee or by the Commissioner in the case of a second class committee shall be omittd

Proviso to section 20(1)

The words or the Commissioner and the words or the Commissioner as the case may be where ever they occur and the words or he shall be omitted

32(3)

The words within the Division of the Commissioner shall be omitted

33(1)

The words in the case of committees of the first class and the Commissioner in the case of those of the second class shall be omitted

38(1)

The words in the case of Municipality of the first class and of the Commissioner in the case of a Municipality of the second class shall be omitted

50(1)

The words or if the Deputy Commissioner is a member of the Municipal Committee by the Commissioner and the words or Commissioner, as the case may be shall be omitted

50(2)

The words from the order of the Deputy Commissioner, or, if the order has been passed by the Commissioner, to the State Government shall be omitted

154-c(3)

For the words Commissioner of the Division the words State Government shall be substituted

154-c(4)

The words or the Commissioner and the words or the Commissioner as the case may be and last proviso shall be omitted; and for the word him the word it shall be substituted

193

The words the Commissioner or wherever occurring except in the Explanation under sub-section (1-a) shall be omitted

225(1)

The words to the Commissioner in the case of a committee of first class Municipality or and the words in the case of a Committee of a second class Municipality and the proviso shall be omitted

231(1)

The words Commissioner or the and the words within their respective charges shall be omitted and for the words the Commissioner in the case of Municipalities of the first class or the Deputy Commissioner in the case of municipal ties of the second calss the word him shall be substituted

231(2)

The words Commissioner or the shall be omitted

232

The words Commissioner or shall be omitted

234(1)

The words of the first class shall be omitted

234(3)

Shall be omitted

235

The words and when the Commissioner makes any order under section 232 or section 234, he shall forthwith forward to the State Government and the words the Commissioner or and the words as the case may be shall be omitted

236(1)

The words and the Commissioners shall be omitted

236(2)

The words Commissioner or shall be omitted

236(3)

The words Commissioner of the Division, and the shall be omitted, and for the word their the word his and for the word them the word him shall be respectively substituted

237

The words and the Commissioner shall exercise over the Deputy Commissioner shall be omitted

239(1)(b)

Shall be omitted

239(1)(c)

For the word Divisions the word Districts shall be substituted and the words and the Commissioners of those divisions cannot agree shall be omitted

240(1)(w)

The words Commissioner and shall be omitted

240(2)(iii)

The words in the case of a Municipality of the first class or of the Commissioner in the case of a Municipality of the second class shall be omitted

255

The words in the case of an election held in a Municipality of the first class and the Commissioner in any other case and in the proviso the words Commissioner or the shall be omitted

256

The words or by the Commissioner shall be omtted

The Punjab Small Towns Act, 1921 (Punjab Act No. II of 1922).

4(3)

In Sub-section (3) for the words The appointment the words the nomination of advisers shall be substituted

4(4)

The words appointment and shall be omitted

4(6)

Shall be omitted

4-A

The words or appointed shall be omitted

Proviso (i) to section 4-A

The words or appointment as the case may be shall be omitted

Proviso (ii) to section 4-A

The words or in the case of such invalid appointment, the Commissioner shall appoint another person in the manner prescribed in sub-section (2) of section 4 and in such case the proviso to sub-section (2) of section 4 shall not apply shall be omitted

Proviso (iii) to Section 4-A

The words or appointment to Section wherever occurring shall be omitted

6(1)

For sub-section (1) the following shall be substituted, namely:

(1) The terms of office of exofficio advisers shall, unless the State Government otherwise directs, be coterminus with the term of office by virtue of which they are appointed.

6(2)

The words all other shall be omitted

6(3)

The words appointment or shall be omitted

Proviso to section (6)(3)

The words or appointment shall be omitted.

8

The words by appoimuent or and the words appointed or wherever occurring shall be omitted

9(1)

The proviso shall be omitted

9(3)

The words nominate or shall be omitted

34

The words of the Division shall be omitted.

36(1)

For the word through the word to shall be substituted and the words to missioner shall be the Com-omitted omitted

38-C(3)

The words of the Division shall be omitted

38-C(4)

The words or the Commissioner shall be omitted.

Proviso to section 38-C(4)

The words by the Commissioner and to him and the words or the Commissioner as the case may be shall be omitted and in the last Proviso for the words Commissioner to do so the words Deputy Commissioner to decide the appeal, if pending before him shall be substituted

47

The words Commissioner or shall be omitted

51(1)(a)

The words appointment or shall be omitted

52

For the words Commissioners appointed to hold an enquiry into an election by the provisions of part II of the Indian Election offences and Inquiries Act, 1920 the words an Election Tribunal appointed to hold an inquiry into an election under the provisions of Representation of the People Act, 1951 shall be substituted

The Punjab Municipal (Executive Officer) Act, 1931 (Punjab Act No. II of 1931)

10

The words the Commissioner shall be omitted

1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1953, page 1496.

2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1954, page 312.

3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1487.

4. Received the assent of the Governor on the 28th October, 1953, and was first published for general information in the Punjab Government Gazette (Extraordinary) dated the 2nd November, 1953.]

5. Section 4-A inserted by Punjab Act 18 of 1954, section 2.

SECTIONS